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On Wed, Nov 24, 2010 at 7:33 PM, Tommy News <[email protected]> wrote:

> Ex-House Leader DeLay Found Guilty in Texas Case
> By JAMES C. McKINLEY Jr.
> Published: November 24, 2010
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> Close LinkedinDiggMixxMySpaceYahoo! BuzzPermalink AUSTIN – Tom DeLay,
> one of the most powerful and divisive Republican lawmakers to ever
> come out of Texas, was convicted Monday of money laundering charges in
> a state trial, five years after his indictment here forced him to
> resign as majority leader in the House of Representatives.
>
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> Ben Sklar/Getty Images
> Tom DeLay, left, at his corruption trial in October in Austin.
>
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> After 19 hours of deliberation, a jury of six men and six women
> decided that Mr. Delay was guilty of one charge of money laundering
> and one charge of conspiracy to commit money laundering.
>
> As the verdict was read, Mr. DeLay, who is 63, sat stone-faced at the
> defense table. Then he rose, turned, smiled and hugged his wife and
> then his weeping daughter in the first row of spectators. He faces
> between five and 99 years in prison, though the judge may choose
> probation.
>
> A few minutes later, Mr. Delay said outside the door of the courtroom
> that he would appeal the decision. He called the prosecution a
> political vendetta by Democrats in the local district attorney’s
> office, and revenge for his role in orchestrating the 2003 redrawing
> of congressional districts to elect more Republicans.
>
> “This is an abuse of power,” he said. “It’s a miscarriage of justice.
> I still maintain my innocence. The criminalization of politics
> undermines our very system.”
>
> The verdict ends the latest chapter in a long legal battle that forced
> Mr. DeLay to step down. The trial also opened a window on the world of
> campaign financing in Washington, as jurors heard testimony about
> large contributions flowing to Mr. DeLay from corporations seeking to
> influence him, and about junkets to posh resorts where the congressman
> would rub shoulders with lobbyists in return for donations.
>
> Rosemary Lehmberg, a Democrat and Travis County District Attorney,
> said the decision to pursue charges had nothing to do with partisans
> politics.
>
> “This was about holding public officials accountable, that no one is
> above the law,” she said.
>
> During the three-week trial, the prosecution presented more than 30
> witnesses in an effort to prove Mr. DeLay conspired with two
> associates in 2002 to circumvent a state law against corporate
> contributions to political campaigns. Since 1903, Texas law has
> prohibited corporations from giving money to candidates directly or
> indirectly.
>
> Mr. Delay was initially charged with breaking campaign finance law.
> But prosecutors later switched strategies because it was impossible
> under the law at the time to accuse someone of conspiring to break
> campaign finance rules, prosecutors said.
>
> Instead, prosecutors used a novel legal theory never before tried in
> Texas: they argued Mr. DeLay and two of political operatives – John
> Colyandro and Jim Ellis -- had violated the criminal money-laundering
> law.
>
> They were charged with conspiring to funnel $190,000 in corporate
> donations to state candidates through the Republican National
> Committee.
>
> The main facts of the case were never in dispute.
>
> In mid-September 2002, as the election heated up, Mr. DeLay’s state
> political action committee, Texans for a Republican Majority, gave a
> check for $190,000 to the Republican National Committee. The money had
> been donated earlier in the year by various corporate lobbyists
> seeking to influence Mr. DeLay, several witnesses said.
>
> On September 13, the check was delivered to the R.N.C. by Mr. Ellis,
> who was Mr. Delay’s top political operative in Washington and headed
> his Federal political action committee.
>
> At the same meeting, Mr. Ellis also gave the Republican director of
> political operations, Terry Nelson, a list of state candidates and an
> amount to be sent to each. Mr. Nelson testified that Mr. Ellis had
> told him the request for the swap had come from Mr. DeLay.
>
> In early October, donations were sent from a separate account filled
> with individual donations to seven G.O.P. candidates in Texas. Six of
> them won. Republicans seized control of the legislature for the first
> time in modern history and in 2003 pushed through a controversial
> redistricting plan – orchestrated by Mr. DeLay – that sent more Texas
> Republicans to Congress in 2004 and helped him consolidate his power.
>
> Jurors had to wrestle with the questions of what Mr. DeLay knew about
> the transaction, when he found out and whether he participated in the
> decision to swap the money.
>
> Another central issue facing the panel was whether the corporate
> contributions could be considered illicit. To be guilty of
> money-laundering, the prosecution had to show the money had been
> obtained through an illegal activity before it was laundered.
>
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> The jury consisted of a Republican, six Democrats, two independent
> conservatives and three independent liberals.
>
> Prosecutors presented a mountain of circumstantial evidence – emails,
> telephone records, calendars, brochures and other documents – trying
> to persuade jurors that Mr. DeLay played a leading role in the plan
> and intended to break the Texas election law from the moment his
> political operatives solicited the donations.
>
> The prosecutor, Gary Cobb, said the prosecution had a tough job in
> demonstrating Mr. DeLay was responsible for the actions of his
> political associates, Mr. Ellis and Mr. Colyandro, who did not testify
> and still await trial on lesser charges.
>
> None of the other witnesses testified directly about Mr. DeLay’s
> control over the decision, and the prosecution instead relied on an
> interviews Mr. DeLay had given to prosecutors and journalists.
>
> “It was almost entirely circumstantial and there were a lot of people
> with motives not to have Tom Delay convicted,” Mr. Cobb said.
>
> During the last day of deliberations, the jurors asked for transcripts
> of Mr. DeLay’s interview with prosecutors in 2005, in which he said he
> knew about the swap in advance. “Jim Ellis told me he was going to do
> it before he did it,” Mr. DeLay said in the interview.
>
> But the lead defense attorney, Dick DeGuerin, maintained the money
> swap was legal because the Republican National Committee kept a
> firewall between accounts holding corporate and individual
> contributions.
>
> “It’s not the same money,” was his mantra during the trial.
>
> He also presented evidence to distance Mr. DeLay from the actions of
> his political operatives, arguing that while Mr. Ellis told Mr. DeLay
> about the transaction, Mr. DeLay never gave his approval.
>
> Judge Pat Priest has wide discretion in sentencing the former majority
> leader, who was known as “The Hammer” for his no-holds-barred style
> during 20 years in the House of Representatives.
>
> Mr. Delay could be sentenced from 2 years to 20 years in prison for
> the conspiracy count, and from 5 years to 99 years, or life in prison,
> for the money-laundering count.
>
> Mr. DeGuerin said Mr. DeLay would try to convince an appeals court the
> money-laundering statute should never had been applied to the money
> swap — because the original donations were legal and also because the
> donations to the state candidates came out of a different account than
> the one in which the corporate donations were deposited.
>
> “It will never stand,” Mr. DeGuerin said.
>
> More:
>
> http://www.nytimes.com/2010/11/25/us/politics/25delay.html?pagewanted=2&partner=rss&emc=rss
> --
> Together, we can change the world, one mind at a time.
> Have a great day,
> Tommy
>
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